1. Impugned order of 23rd August, 2016 directs reinstatement of first respondent with consequential benefits. The facts emerging from the impugned order are as under :-

“The facts of the case in brief, as submitted by the Appellant in the appeal, are that he had joined Jhabban lal DAV Sr. Secondary Public School, J-Block, Paschim Vihar, New Delhi-110063 (hereinafter referred to as the Respondent School) in the year 1996 as TGT (Physical Education). In spite of the fact that the Appellant was having vast experience as TGT (Physical Education), he was denied the promotion by the Respondent School, whereas another employee Ms. Savita Sharma who was junior to the Appellant promoted as PGT (Physical Education) in the year 2000. Selection Committee of the Respondent School arbitrarily overlooked the case of the Appellant and gave the undue favour to Ms. Savita Sharma.”

2. First Respondent herein was served with a Memorandum of 21st November, 2011 containing four articles of charge. It is matter of record that first respondent had sought Sudhir Nair, Ex. Senior Vice President of Tata Consultancy Services (TCS) as Defence Assistant. But the Inquiry Officer had refused to appoint him a